Wednesday, September 16, 2015

In July, the Fourth District issued an opinion discussed HERE in a post titled "Fourth District: Legislature Entitled To Limit Payment of Attorney's Fees In Claims Bill." Today, in THIS opinion, the court granted the Appellant's motion for certification as a question of great public importance and certified the following question to the Florida Supreme Court:

AFTER THE ENACTMENT OF SECTION 768.28, FLORIDA
STATUTES, AND THE ADOPTION OF FLORIDA SENATE RULE
4.81(6), IS IT CONSTITUTIONALLY PERMISSIBLE FOR THE
FLORIDA LEGISLATURE TO LIMIT THE AMOUNT OF ATTORNEYS’ FEES PAID FROM A GUARDIANSHIP TRUST
ESTABLISHED BY A LEGISLATIVE CLAIMS BILL?

Jury Instructions

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